Utah Office of Administrative Rules

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Repeal and Readopt

Filing ID: 58290

Rule or section number:

R930-5

1. Agency Information

Title catchline:

Transportation, Preconstruction

Building:

Calvin Rampton

Street address:

4501 S 2700 W

City, state:

Taylorsville, UT

Mailing address:

PO Box 148455

City, state and zip:

Salt Lake City, UT 84114-8455

2. Contact Persons

Name:

Phone:

Email:

Leif Elder

801-580-8296

lelder@utah.gov

James Godin

801-573-7181

jamesjgodin@agutah.gov

Lori Edwards

385-341-3414

loriedwards@agutah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R930-5. Establishment and Regulation of At-Grade Railroad Crossings

B. Purpose of the new rule or reason for the change:

This rule establishes a process to improve safety for all users of an at grade railroad crossing and to provide for the efficient operation of trains, vehicles, and pedestrians through crossings.

In reviewing this rule during the five-year review process, the Department of Transportation (department) determined it needed to be updated in the form of a repeal and readopt.

C. Summary of the new rule or change:

This repeal and readopt repeals the current version of this rule and proposes a readopted version updating references to the federal and state codes and other documents, deleting antiquated definitions, streamlining and updating procedure descriptions, reorganized rule sections for better flow, and generally updating language and grammar.

Because these changes are so extensive, the department is proposing this rule to be repealed and readopted rather than merely amended.

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

The department anticipates no aggregate anticipated cost or savings to the state budget because these changes are merely clerical in nature (updating code references, definitions, improving clarity in descriptions of procedures, and reorganizing this rule).

B. Local governments:

The department anticipates no aggregate anticipated cost or savings to local governments because these changes are merely clerical in nature (updating code references, definitions, improving clarity in descriptions of procedures, and reorganizing this rule).

C. Small businesses ("small business" means a business employing 1-49 persons):

The department anticipates no aggregate anticipated cost or savings to small businesses because these changes are merely clerical in nature (updating code references, definitions, improving clarity in descriptions of procedures, and reorganizing this rule).

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

The department anticipates no aggregate anticipated cost or savings to non-small businesses because these changes are merely clerical in nature (updating code references, definitions, improving clarity in descriptions of procedures, and reorganizing this rule).

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

The department anticipates no aggregate anticipated cost or savings to persons because these changes are merely clerical in nature (updating code references, definitions, improving clarity in descriptions of procedures, and reorganizing this rule).

F. Compliance costs for affected persons:

It will not cost an impacted entity anything to comply with these changes.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

The Commissioner of the Department of Transportation, Carlos M Braceras, PE, has reviewed and approved this regulatory impact analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Section 72-1-201

Section 72-17-201 et seq.

Section 54-4-14

Section 41-6a-1205

10. Incorporation by Reference Information

Incorporation by Reference (if this rule incorporates more than two items by reference, please include additional tables):

A. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

23 USC 148, Highway Safety Improvement Program (2021)

Publisher

United States Code

Issue or Version

2021

B. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

23 CFR 646, Railroads (2025)

Publisher

Code of Federal Regulations

Issue Date

2025

Issue or Version

4-1-25 Edition

C. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

23 CFR 655, Traffic Operations (2025)

Publisher

Code of Federal Regulations

Issue Date

2025

Issue or Version

4-1-25 Edition

D. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

23 CFR 924, Highway Safety Improvement Program (2025);

Publisher

Code of Federal Regulations

Issue Date

2025

Issue or Version

4-1-25 Edition

E. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

49 USC 209, pt. A, Accidents and Incidents (2021);

Publisher

United States Code

Issue Date

2021

F. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

49 CFR 212, State Safety Participation Regulations (2025);

Publisher

Code of Federal Regulations

Issue Date

2025

Issue or Version

10-1-25 Edition

G. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

49 CFR 222, Use of Locomotive Horns at Public Highway-Rail Grade Crossings (2025)

Publisher

Code of Federal Regulations

Issue Date

2025

Issue or Version

10-1-25 Edition

H. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

49 CFR 674, State Safety Oversight (2025);

Publisher

Code of Federal Regulations

Issue Date

2025

Issue or Version

10-1-25 Edition

I. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

A Policy on Geometric Design of Highway and Streets, American Association of State Highway and Transportation Officials (AASHTO) (2018)

Publisher

American Association of State Highway and Transportation Officials

Issue Date

2018

Issue or Version

7th Edition

J. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Highway-Rail Crossing Handbook (FRA/FHWA) (2019)

Publisher

Federal Rail Authority/Federal Highway Authority

Issue Date

2019

Issue or Version

Third Edition

K. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Preemption of Traffic Signals near Railroad Crossings, Institute of Traffic Engineers (ITE) (2021)

Publisher

The Institute of Transportation Engineers

Issue Date

2021

Issue or Version

2nd Edition

L. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Manual for Railway Engineering, Chapter 28, Clearances, American Railway Engineering and Maintenance-of-Way Association (AREMA) (2026)

Publisher

American Railway Engineering and Maintenance-of-Way Association

Issue Date

2026

Issue or Version

Vol. 4

M. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Standard Drawing RR-Series, Utah Department of Transportation

Publisher

Utah Department of Transportation

Issue Date

2026

N. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Manual of Uniform Traffic Control Devices (2023, with revision 1 incorporated 2025)

Publisher

United States Department of Transportation

Issue Date

2023

Issue or Version

11th Edition

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

11/16/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

11/23/2026

13. Agency Authorization Information

Agency head or

designee and title:

Carlos M Braceras, PE, Commissioner

Date:

09/29/2026

R930. Transportation, Preconstruction.

R930-5. Establishment and Regulation of At-Grade Railroad Crossings.

[R930-5-1. Purpose and Authority.

(1) The Utah Department of Transportation (the "Department") oversees all Public Highway-Rail Grade Crossings

("Crossings") in the state of Utah. Railroads have jurisdiction over and are responsible for the safety of private crossings. The

Department's goals are to improve the safety for all users of a Crossing and provide for the efficient operation of trains and

vehicles and pedestrians access through those Crossings. As part of this effort, the Department promotes the elimination of

Crossings and at regular intervals, the Department:

(a) Reviews all existing Crossings in the state for safety deficiencies;

(b) Evaluates and approves the location of a new Crossing;

(d) Defines maintenance responsibility for a Crossing; and

(e) Determines funding apportionments for all Section 130 Crossing Projects.

(2) This rule describes procedures for evaluating and selecting a Crossing for improvement as well as for evaluating

and selecting the type of improvements at a Crossing. Such improvements include, but are not limited to:

(a) The evaluation and selection of the type of Passive and Active Warning Devices;

(b) The process for evaluating and determining whether a Crossing should be grade separated; and

(3) This Rule outlines the responsibilities of the various parties with respect to the design, maintenance and funding

for Crossing improvements.

(4) This Rule is authorized by Section 54-4-15 "Establishment and Regulation of Grade Crossings," Section 54-4-14,

Section 72-1-201, Section 41-6a-1205 and Title 63G, Chapter 3 "Utah Administrative Rulemaking Act."

R930-5-2. Incorporation by Reference.

The following federal law, state law, federal agency manuals, association standards and UDOT technical requirements

are incorporated by reference:

(1) 23 CFR 148 "Highway Safety Improvement Program" (2005);

(2) 23 CFR 646 "Railroads" (2009);

(3) 23 CFR 655 "Traffic Operations" (2009) "Manual of Uniform Traffic Control Devices (MUTCD)" (2003, with

revisions 1 and 2 incorporated, dated 2007);

(4) 23 CFR 924 "Highway Safety Improvement Program" (2009);

(5) 49 CFR 209 "Accidents and Incidents" (2009);

(6) 49 CFR 212 "State Safety Participation Regulations" (2009);

(7) 49 CFR 222 "Use of Locomotive Horns at Public Highway-Rail Grade Crossing" (2009)

(8) 49 CFR 659 "Rail Fixed Guideway Systems; State Safety Oversight" (2009);

(9) "A Policy on Geometric Design of Highway and Streets", American Association of State Highway and

Transportation Officials (AASHTO) (2004);

(10) "Railroad-Highway Grade Crossing Handbook", Federal Highway Adminstration (FHWA) (August 2007);

(11) "Preemption of traffic signals near Railroad Crossings", Institute of Traffic Engineers (ITE) (2004);

(12) "Manual for Railway Engineering", Chapter 28, Clearances, American Railway Engineering and Maintenance-

of-Way Association (AREMA), 2007; and

(13) "Standard Drawing ST-7 Pavement Marking and Signs at Railroad Crossings", Utah Department of

Transportation (UDOT) (2008).

R930-5-3. Definitions.

(1) "Active Warning Device" means traffic control devices activated by the approach or presence of a train, such as

flashing light signals, automatic gates and similar devices, as well as manually operated devices and Crossing watchmen, all of

which display to motorists positive warning of the approach or presence of a train.

(2) "Company" means any local district or utility company.

(3) "Diagnostic Team" means an appointed group of knowledgeable representatives of the parties of interest in a

Crossing or group of Crossings.

(4) "FHWA" means the Federal Highway Administration, an agency within the United States Department of

Transportation.

(5) "FRA" means the Federal Railroad Administration, an agency within the United States Department of

Transportation.

(6) "FTA" means the Federal Transit Administration, an agency within the United States Department of

Transportation.

(7) "Highway" means any public road, street, alley, lane, court, place, viaduct, tunnel, bridge, or structure laid out or

erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property,

including the area within the right-of-way.

(8) "Highway-Rail Grade Crossing" ("Crossing") means the general area where a Highway and a Railroad cross at the

same level within which are included the Railroad, Highway, and roadside facilities for public traffic traversing the area.

(9) "Highway Authority" means the Department or local governmental entity that owns or has jurisdiction over a

Highway.

(10) "MUTCD" means the Manual of Uniform Traffic Control Devices as adopted in Section 41-6a-301.

(11) "Neutral Quadrant" means the quadrant that minimizes sight distance conflicts with immediate on-coming auto

traffic. Generally, the neutral quadrant is on the far side of the tracks from the direction of vehicular travel.

(12) "Passive Warning Device" means those types of traffic control devices, including signs, markings and other

devices located at or in advance of a Crossing to indicate the presence of a Crossing but which do not change aspect upon the

approach or presence of a train.

(13) "Preliminary Engineering" means the work necessary to produce construction plans, specifications, and

estimates to the degree of completeness required for undertaking construction, including locating, surveying, designing, and

related work.

(14) "PSC" means the Public Service Commission of the State of Utah.

(15) "Quiet Zone" means a section of a rail line at least one half mile in length that contains one or more consecutive

public Crossings at which locomotive horns are not routinely sounded, see 49 CFR 222.

(16) "Railroad" means all rail carriers, whether publicly or privately owned, and common carriers, including line haul

freight and passenger railroads, public transit districts, switching and terminal railroads, passenger carrying railroads such as

rapid transit, and commuter and street railroads.

(17) "Section 130 Crossing Project" means a project that eliminates hazards and improves the safe operation of trains,

vehicles, and pedestrians through a crossing and is authorized and funded by United State Code, Title 23, Section 130 Program

funds.

R930-5-4. Type and Selection of Crossing Projects.

(1) Section 130 Crossing Projects:

(a) Section 130 Crossing Project types include, but are not limited to:

(i) Elimination of a Crossing by combining multiple Crossings;

(ii) Elimination of a Crossing by the relocation of a Highway;

(iii) Elimination of a Crossing by the construction of a new grade separation;

(iv) New safety improvements;

(v) Reconstruction of a Crossing grade separation structure; and

(vi) Repair of Crossing material, that would otherwise be the responsibility of the Railroad as prescribed in

Subsection R930-5-8-(1)(b), if the repair of the Crossing material affects or is an integral part of the Crossing safety devices.

(b) The Department has established a process for the evaluation and selection of Section 130 projects that considers

the potential reduction in the number and/or severity of collisions, the cost of the Crossing projects, and available resources.

Specific methods for selecting and prioritizing Crossings for improvement include:

(i) The collection and maintenance of data utilizing the USDOT Grade Crossing Inventory to record Crossing data

including, but not limited to the current physical condition, average daily traffic, and collision data associated with a Crossing.

(ii) An engineering study conducted on a Crossing at the request of a Highway Authority, Railroad, or company or

using a priority list developed using the USDOT Accident Prediction Model. The purpose of the engineering study is to review

the Crossing and its environment, identify the nature of any deficiencies and recommend alterative improvements. Specifically,

an engineering study reviews Crossing characteristics, the existing traffic control system, and the Highway and Railroad

characteristics. Based on the review of these conditions, an assessment of existing and potential hazards is made, deficiencies are

identified and countermeasures are recommended.

(iii) System or corridor evaluations consider a Crossing as a component of a larger transportation system. The

objective is to improve both safety and operations of the total system or segments of the system. In such cases, all Crossings

within a corridor are evaluated and can be programmed for improvements. The optimal outcome of a corridor study involves a

combination of engineering improvements and closures such that both safety and operations are highly improved.

(2) Non-Section 130 Crossing Projects:

(a) Non-Section 130 Crossing Project types include, but are not limited to:

(i) Crossing projects that use Railroad properties or involve adjustments to Railroad facilities required by Highway

construction, but do not involve the elimination of hazards at a Crossing; and

(ii) Construction of a new Crossing at or over a Railroad track where the new Highway is not a relocation of an

existing Highway.

(b) Non-Section 130 Crossing Projects will be evaluated and selected as part of the Department's normal STIP

evaluation and approval process.

R930-5-5. Diagnostic Team.

(1) The role of the Diagnostic Team is to make recommendations to the Department for needed safety improvements

at a Crossing.

(2) The Diagnostic Team reviews and evaluates proposed improvements for all Section 130 Crossing Projects and

Non-Section 130 Crossing Projects. The Diagnostic Team reviews a Crossing when requested by a Highway Authority,

Railroad, or Company when changes in Highway traffic patterns are proposed, when proposed Railroad traffic is determined to

increase significantly, when complaints are made about a Crossing, when safety concerns arise, or when the Department receives

a closure request. The Department will consider all recommendations made by the Diagnostic Team and, if appropriate, input

received from the public at large (in accordance with Section R930-5-13) before issuing orders for the improvement of

Crossings.

(3) The Department may also make formal findings and rulings as part of its process for evaluating Crossing

improvements or during routine inspection of Crossings, independent of the Diagnostic Team.

(4) The Diagnostic Team is usually composed of the following team members:

(a) Chief Railroad Engineer for the Department;

(b) Representative from the Railroad;

(d) Representative from the Highway Authority (preferably from engineering or public works), and when available,

and where appropriate public school district, law enforcement agency and invites with an interest in the Crossing.

(5) The role of the Diagnostic Team is to:

(a) Recommend the elimination of a Crossing;

(b) Recommend the type of safety improvements including, but not limited to Passive Warning Devices, Active

Warning Devices, the type of Crossing material, improvements to Highway approaches, removal of foliage and brush, pedestrian

facilities (including compliance with ADA requirements), and improvements to street lighting;

(d) Review all requests to reclassify a Crossing from private to public;

(e) Recommend the Department conduct an engineering study to evaluate the need for a new overpass or other grade

separation structure(s); and

(f) Recommend any other safety related changes to improve vehicle and pedestrian safety.

(6) Duties of Diagnostic Team members generally include participating in Crossings reviews and providing input into

the Diagnostic Team recommendations. Specific duties include, but are not limited to the following:

(a) The Chief Railroad Engineer will, when applicable:

(i) Select a Section 130 Crossing Project from a corridor study, or based on a Highway Authority, Railroad, or

Company request;

(ii) Schedule and notify Diagnostic Team members, and the FHWA, of the date and time of an upcoming review;

(iii) Conduct Crossing review and issue related reports in a reasonable time after the review and send copies to all

those attending the review;

(iv) Review and approve Crossing improvements recommended by the Diagnostic Team;

(v) Determine Section 130 apportionments for Crossing projects;

(vi) Initiate all Notices of Intended Action for Crossing projects, as appropriate;

(vii) Review and approve the contractual requirements for Crossing projects using Section 130 Program funding;

(viii) Review all necessary field data obtained for the Crossing, including but not limited to site plan maps and

photographs of the existing Crossing conditions.

(b) The Railroad representative shall provide all relevant data related to the Crossing, including, but not limited to

train volumes, accident data and any other pertinent data regarding the Crossing;

(i) Provide relevant data regarding the Crossing including, but not limited to Highway traffic volumes, planned road

construction activities, and an approved master street plan for the Highway;

(ii) Invite local school district if appropriate and request that the local school district representative provide child

access and bus routing plan information; and

(iii) Invite local law enforcement agency if appropriate and request that the law enforcement agency provide relevant

data, including, but not limited to any safety concerns about the Crossing.

R930-5-6. Design of a Highway-Rail Grade Crossing.

(1) The Department shall approve or disapprove, as appropriate, the design of all Crossing improvements, including

the addition of a new Crossing and treatments for a closed Crossing. All design plans shall include, if available:

(i) USDOT identification numbers;

(ii) Street addresses;

(iii) Highway milepost;

(iv) Railroad subdivision; and

(v) Railroad milepost for the Crossing.

(2) Design of Crossing related facilities that are the responsibility of the Railroad shall conform to the specifications

and design standards of the Railroad.

(3) Design of Crossing related Highway approaches, those areas two feet outside of rail that are the responsibility of

the Highway Authority shall conform to the specifications and design standards of the Highway Authority, subject to approval by

the Department. Where a Highway Authority does not have an approved standard, Department standard drawings for the design

of the Crossing approaches apply.

(4) Traffic control devices installed as part of any Crossing improvements shall comply with the MUTCD. Required

clearances for all devices shall conform to the MUTCD and any variances from MUTCD requirements must be approved by the

Department.

(5) When it is determined that the railroad crossing material needs to be extended or replaced, the agency doing the

design of the crossing shall determine the minimum length of the crossing material. The length shall be determined based on the

proposed width of the new roadway or from the approved master plan roadway width. The crossing material length shall extend

at least two feet from the outer edge of the roadway, beyond the roadway clear zone area, or to the back of the concrete curb and

gutter or out past the sidewalks.

(6) The Railroad is responsible for the design of Railroad Active Warning Devices, including the location, activation

circuitry, hardware, and software in accordance with MUTCD.

(a) When Active Warning Devices are within 200 feet of a traffic signal, the Highway Authority and the Railroad

shall coordinate the design of the interconnect between the traffic signal and Automatic Warning Device to ensure sufficient

preemption time to clear potential vehicle stacking across a Crossing.

(b) Signal houses for Active Warning Devices shall be located in the Neutral Quadrant unless approved by the

Department.

(7) The Railroad is responsible for the design of all required Railroad Passive Warning Devices located within the

Railroad road right-of-way in accordance with the MUTCD, specific Passive Warning Devices include:

(a) Sign R15-1 (Crossbuck);

(b) Sign R15-2 (Number of tracks);

(d) Sign R1-2 (Yield);

(e) Sign R15-3 (Exempt);

(f) Sign R8-9 (Tracks out of Service).

(8) Design and installation of all other Passive Warning Devices, signs, and pavement markings is the responsibility

of the Highway Authority. Design and location of the devices shall be in accordance with the MUTCD.

(9) For clearances, refer to the Manual for Railway Engineering, Chapter 28, Clearances, American Railway

Engineering and Maintenance-of-Way Association (AREMA), 2007.

R930-5-7. Highway Authority and Railroad Responsibility to Request Approval and Arrange for the Installation of

Crossing Improvements.

(1) When a Highway Authority widens or constructs a new Highway, the Highway Authority shall be responsible to

request a Diagnostic Team review of the Crossing and arrange by agreement with the Railroad to design and install all required

improvements concurrent with its request for approval from the Department:

(2) Prior to approving new residential, commercial, or industrial development within 1000 feet of a Crossing, the

Highway Authority shall request a Diagnostic Team review to assess the potential traffic impacts at the Crossing.

(3) Before a Highway Authority approves increased development that changes the conditions of a Crossing by

significantly increasing traffic volumes, the Highway Authority plans shall be approved by the Department.

(a) No new access openings can be opened within 250' of a Crossing unless approved by the Department.

(b) The Highway Authority shall arrange by agreement with the Railroad for any required Railroad facility changes

ordered by the Department.

(4) The Highway Authority is responsible for the installation of all Passive Warning Devices outside the Railroad

right-of-way, excepting those signs listed in Section R930-5-6.6, or unless a separate agreement applies.

(5) Before a Railroad modifies any safety related devices or the physical layout of a Crossing, the Railroad shall

request a Diagnostic Team review of the proposed changes and request Department approval of all Crossing related designs.

(6) A Highway Authority, Railroad, or Company making a request for a new Crossing or the reclassification of a

Crossing from private to public shall provide the Department with an approved master street plan from the appropriate

jurisdiction showing the elimination or combination of existing Crossings and/or other safety improvements that enhance the

overall safety of the corridor before a new Crossing or reclassification of a Crossing from private to public will be approved.

(a) A Highway Authority, Railroad, or Company requesting a new Crossing or reclassification of a Crossing from

private to public will mutually arrange by agreement for the proposed new Crossing or reclassification of a Crossing before

seeking Department approval of the change.

R930-5-8. Maintenance.

(1) Responsibility for maintenance is as described in this section unless a separate agreement applies.

(a) The railroad is responsible for the maintenance of railroad passive warning devices and active warning devices

within the railroad right-of-way.

(b) If the railroad has a property interest in the right-of-way, the railroad is responsible for the maintenance of

crossing material within the railroad right-of-way and two feet beyond each outside rail for crossings without concrete crossing

panels or edge of concrete crossing panel.

warning devices, and passive warning devices within the railroad right-of-way at the expense of the highway authority.

(d) When the railroad alters the railway due to track and ballast maintenance, the railroad shall coordinate work with

the highway authority so the pavement approaches can be adjusted to provide a smooth and level crossing surface.

(e) When the highway authority changes the highway profile through construction or maintenance activities, the

highway authority shall coordinate work with the railroad so the tracks can be adjusted to provide as smooth and level a crossing

surface as possible.

(f) Where a highway structure overpasses a railroad, the highway authority is responsible for the maintenance of the

entire structure and its approaches.

(g) Where a highway underpasses a railroad and the railroad owns the right-of-way in fee title, the highway authority

is responsible for the maintenance of the highway and the entire structure below, including the deck plate, girders, handrail, and

parapets. The railroad is responsible for the maintenance of the ballast, ties, rails, and any portion of the supporting structure

above the top of the ballast deck plate between parapets.

(i) If the highway authority owns the right-of-way in fee title, the railroad is responsible for the maintenance of the

entire structure unless a separate agreement applies.

(ii) Cost of repairing damages to a highway or a highway structure occasioned by collision, equipment failure, or

derailment of the railroad's equipment shall be borne by the railroad.

(h) Responsibility for maintenance of private industrial trackage not owned by a railroad that crosses a highway shall

be as follows:

(i) When a facility, plant, or property owner receives goods and services from a railroad over private industrial

trackage that crosses a highway, maintenance of the crossing shall be the responsibility of the industry owning the trackage or as

agreed to by the parties.

(ii) When the crossing becomes a safety hazard to vehicles and is not maintained, the department or the railroad

shipping the goods and services shall notify the industry owning the trackage in writing to maintain or replace the crossing

material.

(iii) If the industry owning the trackage does not maintain or replace the crossing material by a specified date, the

department shall order the railroad to cease and desist operations across the crossing.

(iv) If the industry owning the trackage does not respond to the order to maintain or replace the crossing material, the

department shall arrange to have the crossing material replaced and bill the industry owning the trackage for the expenses to

repair the trackage.

R930-5-9. Funding Authorization and Apportionment of Cost for Section 130 Crossing Projects.

(1) Funding Authorization.

(a) Section 130 Crossing Projects:

(i) Costs associated with a FHWA authorized and approved program are eligible for federal participation. Eligible

costs incurred in an approved program prior to authorization by FHWA are not reimbursable, but may be included as part of the

Railroad share of the project cost where such a share is required. Eligible costs include, but are not limited to cost associated with

environmental clearance, Preliminary Engineering, and right-of-way acquisition.

(ii) Prior to FHWA issuing its authorization to advertise the construction of a Crossing project, the Crossing project

must receive environmental clearance; the plans, specifications and estimates must be approved by FHWA; and any proposed

agreement between the Railroad and the Department must be reviewed and approved by FHWA, as per FHWA's stewardship

agreement with the Department.

(b) Non-Section 130 Crossing Projects:

(i) The Department will consider requests for funding of non-Section 130 Crossing Projects as part of its regular STIP

evaluation and approval process.

(2) Apportionment of Costs.

(a) Section 130 Crossing Projects:

(i) Apportionment of costs for installation, maintenance, and reconstruction of safety related improvements at a

Crossing shall be in accordance with 23 CFR 646 and Section 54-4-15.

(ii) When a Highway Authority widens a Highway, the Highway Authority shall fund all improvements including,

but not limited to Passive Warning Devices, Active Warning Devices, Crossing material, and other improvements as ordered by

the Department in consultation with the Diagnostic Team.

(iii) The Department will evaluate each Crossing project to determine the extent to which, if any, the Crossing

projects benefits the respective parties. If a Crossing project is determined not to benefit a party, the party will not be required to

participate in the funding.

(b) Non-Section 130 Crossing Projects.

(i) The Department will consider requests for funding of non-Section 130 Crossing Projects as part of its regular STIP

evaluation and approval process.

R930-5-10. Railroad and Highway Authority Agreements.

(1) Where construction of a Section 130 Crossing Project requires use of Railroad properties or adjustments to

Railroad facilities, the Department will prepare an agreement with the Railroad.

(2) Master agreements between the Department and a Railroad on an area wide or statewide basis may be used. These

agreements shall contain the specifications, regulations, and provisions required in conjunction with work performed on all

Crossing projects.

(3) On a project-by-project basis, the written agreement between the Department and the Railroad shall include the

following minimum requirements:

(a) Reference to appropriate federal regulations;

(b) Detailed statement of the work to be performed by each party;

(d) The Railroad's share of the project cost;

(e) An itemized estimate of the cost of the work to be performed by the Railroad;

(f) Method to be used for performing the work, either by Railroad forces or by contract;

(g) Maintenance responsibility;

(h) Form, duration, and amounts of any needed insurance; and

(i) Appropriate reference to or identification of plans and specifications.

(4) On matching fund agreements between the Department and a Highway Authority, the written agreement shall

include the following minimum requirements:

(a) Description of work and location, city, county, and state;

(b) Reference to federal regulations that matching funds will be provided by the Highway Authority;

maintenance;

(d) Statement of finances of project and matching funds to be provided by Highway Authority, deposits, invoices, and

cost overruns or under runs.

(5) Agreements for industry track Crossings are prepared between the Highway Authority and the industry.

(6) In order that a Crossing project shall not become unduly delayed, the Department shall consider a six-month

period from issuance of the Railroad agreement to be adequate for completion of work by the Railroad involved. Should more

than the specified period elapse, the Department shall require the Railroad to proceed with the work covered by the agreement

under the authority contained in Section 54-4-15 and approval from the FHWA will be solicited in conformance with 23 CFR

646.

R930-5-11. Crash Reporting.

A Railroad is required to report crashes resulting in injury or death to an individual or damage to equipment, roadbed,

or autos occurring at a Crossing to the Department's Chief Railroad Engineer within 2 hours of the incident. Initial notification

must include the USDOT Crossing number, street address, municipality, time of incident, train identifier, and contact phone

number for further information. Written crash reports shall be submitted to the Department within 30 days of the incident.

Current Federal Railroad Administration (FRA) form F 6180.57 shall be used to report a crash.

R930-5-12. Exemption of Railroad Crossings.

Under Section 41-6a-1205, certain vehicles are required to stop at all Crossings unless a Crossing is signed as exempt.

Recommendation to exempt a Crossing is made by a Diagnostic Team and the Department is responsible for issuing the

exemption order. The following Crossings are not eligible for exemption under this Section:

(1) Mainline Crossings with Passive Warning Devices only;

(2) Crossings within approved Quiet Zones; and

(3) Crossings where insufficient sight distance exists.

R930-5-13. Notice of Intended Action.

(1) Public notification of a public hearing opportunity is required, in conformance with Section R930-2, when the

Department is considering a proposal to permanently close a Crossing, add a track at a Crossing, or construct a new Crossing. It

is the responsibility of the Highway Authority, Railroad, or Company requesting the proposed action, in consultation with the

Department, to carry out the requirements of this section unless otherwise agreed to by the Department.

(2) In instances where the action proposed by the Department does not substantially affect the public, the Department

may waive the requirement to notice a public hearing opportunity, provided the affected Diagnostic Team members concur in

writing.]

R930-5-1. Purpose and Authority.

(1) The department oversees all public highway-rail grade crossings in Utah.

(2) Railroads have jurisdiction over and are responsible for the safety of private highway-rail grade crossings.

(3) The department shall administer this rule to improve safety for all users of a crossing and to provide for the

efficient operation of trains, vehicles, and pedestrians through crossings by:

(a) inventorying the safety infrastructure at all crossings in the state;

(b) evaluating and approving the location of a new crossing;

(d) defining maintenance responsibility for a crossing; and

(e) determining funding apportionments for all Section 130 crossing projects.

(4) This rule describes the procedures the department uses to evaluate and select a crossing for improvements and to

evaluate and select the type of improvements at a crossing, including:

(a) the evaluation and selection of the type of passive and active warning device; and

(b) the process for evaluating and determining whether a crossing should be grade separated.

(5) This rule establishes the responsibilities of the parties involved in the design, maintenance, and funding of

crossing improvements.

(6) This rule is authorized by:

(a) Title 72, Chapter 17, Part 2, Regulation of Highway-Railroad Grade Crossings;

(b) Sections 54-4-14, 72-1-201; and 41-6a-1205; and

R930-5-2. Incorporation by Reference.

The department incorporates the following federal law, state law, federal agency manuals, association standards, and

UDOT technical requirements by reference:

(1) 23 USC 148, "Highway Safety Improvement Program" (2021);

(2) 23 CFR 646, "Railroads" (2026);

(3) 23 CFR 655, "Traffic Operations" (2026) Manual of Uniform Traffic Control Devices (2023, with revision 1

incorporated 2025);

(4) 23 CFR 924, Highway Safety Improvement Program (2026);

(5) 49 USC ch. 209, pt. A, Accidents and Incidents (2021);

(6) 49 CFR 212, State Safety Participation Regulations (2026);

(7) 49 CFR 222, Use of Locomotive Horns at Public Highway-Rail Grade Crossings (2026);

(8) 49 CFR 674, State Safety Oversight (2026);

(9) A Policy on Geometric Design of Highway and Streets, American Association of State Highway and

Transportation Officials (AASHTO)(2018);

(10) Highway-Rail Crossing Handbook (FRA/FHWA)(2019);

(11) Preemption of Traffic Signals near Railroad Crossings, Institute of Traffic Engineers (ITE)(2021);

(12) Manual for Railway Engineering, Chapter 28, Clearances, American Railway Engineering and Maintenance-of-

Way Association (AREMA)(2026); and

(13) Standard Drawing RR-Series, Utah Department of Transportation.

R930-5-3. Definitions.

As used in this rule:

(1) "Active warning device" means a traffic control device activated by the approach or presence of a train that gives a

motorist a positive warning of the approach or presence of a train, including:

(a) a flashing light signal, an automatic gate, or a similar device; or

(b) a manually operated device or crossing watchman.

(2) "Crossing" means a highway-rail grade crossing.

(3) "Diagnostic team" means a department appointed group of knowledgeable representatives of the parties of interest

when addressing changes to a crossing or group of crossings.

(4) "FHWA" means the Federal Highway Administration.

(5) "FRA" means the Federal Railroad Administration.

(6) "FTA" means the Federal Transit Administration.

(7) "Highway" means a public road, street, alley, lane, court, place, viaduct, tunnel, bridge, or structure that is laid out

or erected for public use, dedicated or abandoned to the public, or made public in an action for the partition of real property,

including the area within the right-of-way.

(8) "Highway authority" means the department or the local governmental entity that owns or has jurisdiction over a

highway.

(9) "Highway-rail grade crossing" means the general area where a highway and a railroad cross at the same level,

including the railroad, highway, and roadside facilities that serve public traffic traversing the area.

(10) "MUTCD" means the Manual of Uniform Traffic Control Devices, as adopted in accordance with Section 41-6a-

301.

(11) "Neutral quadrant" means, of the four quadrants or areas formed by the intersection of a highway and a railroad,

the quadrant that minimizes sight-distance conflicts with oncoming vehicular traffic, which, unless site conditions require

otherwise, is the quadrant on the far side of the tracks from the direction of vehicular travel.

(12) "Passive warning device" means a static traffic control device, including a sign, marking, or other device located

at or in advance of a crossing that indicates the presence of a crossing but does not react or change when a train approaches or is

present.

(13) "Preliminary engineering" means the work necessary to produce construction plans, specifications, and estimates

to the degree of completeness required to undertake construction, including locating, surveying, designing, and related work.

(14) "Quiet zone" means a section of a rail line at least one half mile in length that contains one or more consecutive

public crossings at which locomotive horns are not routinely sounded.

(15) "Railroad" means a rail carrier, whether publicly or privately owned, including a:

(a) common carrier;

(b) line-haul freight or passenger railroad;

(d) switching or terminal railroad; or

(e) passenger-carrying railroad such as a rapid transit, commuter, or street railroad.

(16) "Section 130 crossing project" means a project that:

(a) is authorized and funded under United States Code, Title 23, Section 130; and

(b) eliminates hazards and improves the safe operation of trains, vehicles, and pedestrians through a crossing.

(17) "STIP" means the Statewide Transportation Improvement Program, the department's fiscally constrained, multi-

year program of highway and transit projects developed in accordance with 23 CFR Part 450.

R930-5-4. Diagnostic Team.

(1) For the purposes described in this section, the department may appoint a project-limited or time-limited diagnostic

team consisting of:

(a) the department's chief railroad engineer or a designee;

(b) one or more railroad representatives; and

(2) The department may convene a diagnostic team review when:

(a) a highway authority, railroad, or the department requests a review of a crossing or is proposing improvements or

changes to a crossing;

(b) a highway authority proposes a change to highway traffic patterns that is projected to significantly increase traffic

at a crossing;

(d) a safety concern regarding a crossing arises;

(e) the department receives a request to close a crossing; or

(f) a provision of the MUTCD requires a review of a crossing.

(3) At the discretion of the department, the department may conduct a diagnostic team review when:

(a) a highway authority widens or constructs a new highway affecting a crossing, in which case the highway authority

shall arrange by agreement with the railroad to design and install all required improvements concurrently with the department's

review;

(b) a highway authority proposes to approve new residential, commercial, or industrial development within 1,000 feet

of a crossing, to assess the development's potential traffic impacts on the crossing;

(c) a railroad proposes to modify a safety-related device or the physical layout of a crossing, in which case the railroad

shall request the department's approval of all crossing-related designs following the review; or

(d) a highway authority or railroad requests a new crossing or the reclassification of a crossing from private to public,

in which case the requesting party shall:

(i) mutually arrange by agreement with the other party for the proposed new crossing or reclassification; and

(ii) provide the department with an approved master street plan from the appropriate jurisdiction showing the

elimination or combination of existing crossings, or other safety improvements that enhance the overall safety of the corridor.

(4) The duties of the diagnostic team include reviewing, evaluating, and making recommendations to the department

for all:

(a) proposed improvements for crossing projects, including Section 130 and non-Section 130 crossing projects;

(b) requests for a new crossing;

(d) requests to eliminate a crossing;

(5) In addition to the duties described in Subsection (4), the diagnostic team may recommend:

(a) that the department conduct an engineering study to evaluate the need for a new overpass or other grade separation

structure when appropriate; and

(b) other safety-related changes to improve vehicle and pedestrian safety at a crossing.

(6) When serving on a diagnostic team, the chief railroad engineer, or a designee, when applicable:

(a) schedules each upcoming review and notifies diagnostic team members and the FHWA of the date and time of the

review;

(b) conducts each crossing review, issues a related report within a reasonable time after the review, and sends copies

to attendees;

(d) considers a Section 130 crossing project the diagnostic team recommends;

(e) initiates all notices of intended action for crossing projects, as appropriate, under Section R930-5-12; and

(f) reviews all necessary field data obtained for a crossing project, including site plan maps and photographs of

existing crossing conditions.

(7) When serving on a diagnostic team, the railroad's representative provides relevant data related to the crossing

under review, including train volumes, accident data, and other pertinent data regarding the crossing.

(8) When serving on a diagnostic team, the highway authority's representative:

(a) provides relevant data regarding the crossing under review, including highway traffic volumes, planned road

construction activities, the approved master street plan for the highway, and relevant pedestrian information;

(b) Invites the local school district to participate in a review when appropriate, and requests the school district to

provide child access and bus routing plan information; and

enforcement agency to provide relevant data, including any safety concerns about the crossing.

(9) Before taking final action on improving a crossing, the department shall consider all recommendations the

diagnostic team makes and, if appropriate, input the public provides under Section R930-5-12.

(10) Notwithstanding this section, the department may make formal findings and rulings independently of the

diagnostic team.

R930-5-5. Design of a Highway-Rail Grade Crossing.

(1) The department shall approve or disapprove the design of all crossing improvements, including the addition of a

new crossing and treatments for a closed crossing. All design plans shall include, if available:

(a) USDOT identification numbers;

(b) street addresses;

(d) railroad subdivision; and

(e) railroad milepost for the crossing.

(2) A railroad shall design crossing facilities that are the railroad's responsibility in conformance with the railroad's

own specifications and design standards.

(3)(a) A highway authority shall design crossing highway approaches, which includes the areas beyond two feet of

rail that are the highway authority's responsibility, in conformance with the highway authority's own specifications and design

standards.

(b) If a highway authority that is not the department has no approved standard, the department's standards for crossing

approach design apply.

(4)(a) The department, a railroad, and a highway authority shall ensure that permanent and temporary traffic control

devices installed as part of a crossing improvement comply with the MUTCD.

(b) The department must approve any variance from MUTCD requirements.

(5)(a) When crossing material needs to be extended or replaced, the entity designing the crossing shall determine the

minimum length of the crossing material.

(b) The entity shall base the length on the proposed width of the new roadway or on the approved master plan

roadway width.

the back of the concrete curb and gutter, or past the sidewalk.

(6) The railroad shall design railroad active warning devices, including but not limited to, the location, activation

circuitry, hardware, and software, in accordance with the MUTCD.

(7) When an active warning device is within 200 feet of a traffic signal, the highway authority and the railroad shall

coordinate the design of the interconnect between the traffic signal and the active warning device to ensure sufficient preemption

time to clear potential vehicle stacking across the crossing.

(8) The railroad shall locate a signal house for an active warning device in the neutral quadrant unless the department

approves another location.

(9) The railroad shall design and install all required railroad passive warning devices located within the railroad right-

of-way, in accordance with the MUTCD.

(10) The highway authority shall design and install all other passive warning devices, signs, and pavement markings,

and shall locate them in accordance with the MUTCD.

R930-5-6. Exemption of Railroad Crossings.

(1) Under Section 41-6a-1205, certain vehicles must stop at all crossings unless the department determines a crossing

is exempt.

(2) The diagnostic team may recommend whether to exempt a crossing.

(3) If the diagnostic team recommends that a crossing be exempt, the department may issue an exemption order for

that crossing.

(4) Notwithstanding the other provisions of this section, the department may not exempt:

(a) a crossing at a railroad mainline track with a passive warning device;

(b) a crossing within an approved quiet zone, unless traffic is regulated by a traffic control signal; or

R930-5-7. Maintenance.

(1) Responsibility for maintenance is as described in this section unless a separate agreement applies.

(2) The railroad shall maintain railroad passive and active warning devices within the railroad right-of-way.

(3) The railroad shall maintain crossing material within the railroad right-of-way:

(a) to the edge of the concrete crossing panel; or

(b) two feet beyond each outside rail, for a crossing without a concrete crossing panel.

(4) On a temporary highway detour crossing, the railroad shall maintain the pavement, active warning devices, and

passive warning devices within the railroad right-of-way, at the highway authority's expense.

(5) When the railroad alters the railway due to track and ballast maintenance, the railroad shall coordinate the work

with the highway authority so the pavement approaches can be adjusted to provide a smooth and level crossing surface.

(6) When the highway authority changes the highway profile through construction or maintenance activities, the

highway authority shall coordinate the work with the railroad so the tracks can be adjusted to provide as smooth and level a

crossing surface as possible.

(7) Where a highway structure overpasses a railroad, the highway authority shall maintain the entire structure and its

approaches.

(8) Where a highway underpasses a railroad:

(a) if the railroad owns the right-of-way in fee title, the railroad shall maintain the ballast, ties, rails, and any portion

of the supporting structure above the top of the ballast deck plate between parapets, and the highway authority shall maintain the

highway and all other portions of the structure, including the deck plate, girders, handrail, and parapets; or

(b) if the highway authority owns the right-of-way in fee title, the railroad shall maintain the entire structure.

(9) The responsibility for maintenance of industrial trackage that crosses a highway is as follows:

(a) when a facility, plant, or property owner receives goods and services from a railroad over industrial trackage, not

owned by a railroad and that crosses a highway, the facility, plant, or property owner shall maintain the crossing;

(b) if an unmaintained crossing becomes a safety hazard to vehicles, the department or the railroad shipping the goods

and services shall notify the owner of the trackage in writing to maintain or replace the crossing;

(c) if the entity owning the trackage does not maintain or replace the crossing by a specified date, the department shall

order the railroad to cease and desist operations across the crossing; and

(d) if the entity owning the trackage does not respond to an order to maintain or replace the crossing, the department

shall arrange to have the crossing replaced and bill the entity owning the trackage for the expense of the repair.

(10) The railroad shall bear the cost of repairing damage to a highway or highway structure caused by a collision,

equipment failure, or derailment of the railroad's equipment.

R930-5-8. Type and Selection of Crossing Projects.

(1)(a) This Subsection (1) describes Section 130 crossing projects.

(b) For the purposes of this rule, Section 130 crossing project types include:

(i) elimination of a crossing;

(ii) safety improvements;

(iii) reconstruction of a crossing grade separation structure; and

(iv) repair of crossing material.

(i) the department collects and maintains crossing data using the USDOT Grade Crossing Inventory, including the

crossing's current physical condition, average daily traffic, and highway attributes;

(ii) a highway authority, railroad, or the department may request an engineering study of a crossing;

(iii) an engineering study:

(A) reviews the crossing and the crossing's environment, identifies the nature of any deficiencies, and recommends

alternative improvements; and

(B) reviews crossing characteristics, the existing traffic control system, and the highway and railroad characteristics;

and

(iv) when using an engineering study, the department assesses existing and potential hazards, identifies deficiencies,

and recommends countermeasures.

(d) When evaluating the need for a Section 130 crossing project, the department:

(i) shall evaluate the project as a component of a larger transportation corridor;

(ii) may program all crossings within a transportation corridor for improvements; and

(iii) may consider both engineering improvements and closures to improve safety and operations.

(2)(a) This Subsection (2) describes non-Section 130 crossing projects.

(b) For the purposes of this rule, non-Section 130 crossing project types include:

(i) a crossing project that uses railroad properties or involves an adjustment to railroad facilities required by highway

construction, but does not involve the elimination of a hazard at a crossing; and

(ii) construction of a new crossing at or over a railroad track where the new highway is not a relocation of an existing

highway.

evaluation and approval process.

R930-5-9. Funding Authorization and Apportionment of Cost for Crossing Projects.

(1)(a) This Subsection (1) describes funding and funding authorization requirements for a Section 130 crossing

project and a non-Section 130 crossing project.

(b) For a Section 130 crossing project:

(i) costs associated with a program the FHWA authorizes and approves are eligible for federal participation;

(ii) eligible costs a party incurs in an approved program before FHWA authorization are not reimbursable, but the

department may include the costs as part of the railroad's share of the project cost where a share is required;

(iii) eligible costs include costs associated with environmental clearance, preliminary engineering, and right-of-way

acquisition; and

(iv) the department may not advertise for construction of a Section 130 crossing project until the FHWA has:

(A) approved environmental clearance;

(B) approved the plans, specifications, and estimates of the project; and

FHWA's stewardship agreement with the department.

department's regular STIP evaluation and approval process.

(2)(a) This Subsection (2) describes the apportionment of costs for Section 130 crossing projects and non-Section 130

crossing projects.

(b) For a Section 130 crossing project:

(i) the department shall apportion costs for the installation, maintenance, and reconstruction of safety-related

improvements at a crossing in accordance with 23 CFR 646 and Section 72-17-202; and

(ii) when a highway authority widens a highway, the highway authority shall fund all improvements the department

requires in consultation with the diagnostic team, including any passive warning devices, active warning devices, and crossing

materials;

evaluation and approval process.

(3) For all crossing projects under this section, the department:

(a) shall evaluate each crossing project to determine the extent to which it benefits the respective parties; and

(b) may not require a party to participate in the funding of a project, if the department determines that a crossing

project does not benefit a party.

R930-5-10. Railroad and Highway Authority Agreements.

(1) Where construction of a federally funded project requires use of railroad properties or modifications to railroad

infrastructure, the department shall prepare an agreement with the railroad.

(2)(a) The department and a railroad may use a master agreement on an area-wide or statewide basis.

(b) The parties shall include in a master agreement the specifications, regulations, and provisions required for work

performed on crossing projects.

(3) In preparing a written agreement between the department and a railroad, the parties shall, at a minimum:

(a) reference the applicable federal regulations;

(b) state in detail the work each party will perform;

(d) state the railroad's share of the project cost;

(e) itemize the estimated cost of the work the railroad will perform;

(f) assign maintenance responsibility;

(g) state any needed insurance requirements; and

(h) reference or identify the applicable plans and specifications.

(4) In preparing a matching fund agreement, the department and a highway authority shall, at a minimum:

(a) describe the work and location, including city, county, and state;

(b) reference the federal regulations requiring the highway authority to provide matching funds;

(d) state the project's finances and the matching funds the highway authority will provide, including deposits,

invoices, and cost overruns or underruns.

(5) For a project where the industry track crosses a highway, the highway authority and the industry shall prepare a

written agreement.

(6)(a) To prevent undue delay of a crossing project, the department considers a six-month period from issuance of the

railroad agreement adequate for the railroad to complete the railroad's work.

(b) If the railroad's work is not complete within that period, the department:

(i) shall require the railroad to proceed with the work in accordance with Section 72-17-202; and

(ii) shall seek FHWA approval in conformance with 23 CFR 646.

R930-5-11. Crash Reporting.

(1) A railroad shall report to the department's chief railroad engineer, or a designee, within two hours of a crash at a

crossing that results in injury or death to an individual, or damage to equipment, roadbed, or a vehicle.

(2) The railroad's initial notification shall include the USDOT crossing number, street address, municipality, time of

the incident, train identifier, and a contact phone number for further information.

(3) The railroad shall submit a written crash report to the department within 30 days of the incident, using the current

Federal Railroad Administration Form F 6180.57.

R930-5-12. Notice of Intended Action.

(1) When the department considers a proposed action to permanently close a crossing, add a track at a crossing, or

construct a new crossing, the highway authority or railroad shall provide public notification of a public hearing opportunity in

conformance with R930-2.

(2) The highway authority or railroad requesting the proposed action are responsible for providing and presenting

information at the public hearing, in consultation with the department, unless the department agrees otherwise.

(3) If, in the determination of the department, the proposed action to a crossing does not substantially affect the

public, the department may waive the requirement to notice a public hearing opportunity if the diagnostic team members concur

in writing.

KEY: railroad, crossing, transportation, safety

Date of Last Change: 2026[February 7, 2023]

Notice of Continuation: September 9, 2026

Authorizing, and Implemented or Interpreted Law: 41-6a-1205; 54-4-14; [54-4-15]Title 72, Chapter 17, Part 2; 72-1-201

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Rule 5: Establishment and Regulation of At-Grade Railroad Crossings